Periconi, LLC

Environmental Contamination & General Liability in New York Archives

In Oil Spill Case, Common Law Negligence Claim Against Insurer Not Time-Barred Despite Policy

Sometimes simple common law principles are the best way to litigate against insurance companies. Specifically, if the insurance policy calls for a two-year limitations period to sue, make sure your attorney alleges common law negligence against the insurance carrier if you want the benefit of the longer, three-year, statute of limitations period (assuming the facts support a negligence claim, of course).

City Council Members Seek to Redefine "Reside" in Local Lead Paint Law

New York City's lead-based paint law (Local Law 1 [1982]) requires landlords to remove lead-based paint in any apartment unit in which a child under 6 years of age resides. The issue in Yaniveth R. v. LTD Realty Co. was whether a child "resides" in an apartment containing lead-based paint when the child does not live in the apartment but spends approximately 50 hours per week there with a caregiver. The child, who was found to have elevated blood lead level at the age of one lived with her parents but usually stayed with her maternal grandmother five days per week while her parents were at work and did so since she was three months old.

Tonawanda Coke Corporation Enters into a $12 Million Settlement with DEC and EPA for Alleged Violations of State and Federal Environmental Law

The U.S. Federal Government and the State of New York jointly announced on May 11, 2015 a $12 million settlement with Tonawanda Coke Corporation for a litany of alleged environmental violations at TCC's western New York coke manufacturing facility.

Can an Oral Contract Ever be an Enforceable Promise to Fund an Environmental Remediation?

When someone says the word "contract," what comes to mind? For most, it would probably be a signed piece of paper that sets out certain legally enforceable promises made between two parties. But oral contracts can exist, too, and an oral contract can be just as enforceable as a written contract. The problem is that proving the contents of an oral contract is difficult precisely because there is no written record of the agreement. 

County Water Authority has Standing to Sue for Groundwater Contamination, but Timeliness is Governed by New York's Three Year Statute of Limitations

Fixed contaminant standards need not be reached, much less exceeded, in order to cause an injury that courts can recognize. An intermediate appeals court in New York has ruled that the Suffolk County Water Authority may sue chemical companies for groundwater contamination even where the contamination does not exceed an EPA drinking water standard known as a Maximum Contaminant Level. However, this may be a pyrrhic victory, as that same court also ruled that many of the SCWA's claims were too late under New York's three-year statute of limitations for injuries from latent effects of exposure to harmful substances. 

Largest Environmental Settlement in History Reached in Kerr-McGee Case

In a triumph of environmental responsibility and justice over corporate attempts to disclaim environmental liabilities, the former Kerr-McGee Corporation has been ordered to clean up after itself.

New Rules Governing Hazardous Waste Storage in New York City are Coming Into Effect: Will Your Facility be Ready?

In the wake of Hurricane Sandy, the New York City Council passed a flurry of laws designed to increase the resiliency of the City during future storm events. One of these laws, Local Law 143, requires operators of facilities that store hazardous substances to file additional information with the City under the Community Right to Know Program. Local Law 143, together with related amendments to the New York City Administrative Code, became effective March 30, 2014 and may change what your facility needs to report for 2015 reporting year. Will your facility be ready to comply with the new requirements? 

A.G. Scheiderman and Assemblyman Sweeney Announce Legislation to Curb Pint Sized Pollutant that Poses Big Problem for New York

Perhaps you've heard of the "Great Pacific Garbage Patch," a "plastic soup" of floating waste in the Pacific purportedly twice the size of the United States, but did you know that similar plastic pollution has been documented throughout the Great Lakes? Attorney General Eric Schneiderman and Assemblyman Robert Sweeney have recognized the threat that this pollution poses to human health, and have recently announced legislation that could speed significant changes in the plastics industry and stop the pollution at its source-your bathroom sink.Unlike in the Great Pacific Garbage Patch, the culprit in the Great Lakes is not necessarily dumping, but rather the ubiquitous plastic abrasives found in hundreds of common personal care products. Known as "microbeads," these tiny plastic particles are found in everything from cosmetics to toothpaste. They get washed down the drain in your bathroom sink, and float untreated through sewage treatment plants into lakes and streams. Once in the environment, they can accumulate and concentrate PCBs and other persistent toxic chemicals that are present in New York's waters as a legacy of the state's industrial past. 

UPDATED: Federal Court Upholds $105 Million Judgment Against ExxonMobil in Bellwether Groundwater Contamination Litigation

Here's a pop quiz: after an eleven week trial in federal court, a jury hands down a verdict of nearly $105 million against ExxonMobil for contaminating New York City's drinking water. On appeal, the verdict is upheld. What environmental law enabled the jury to find, and the appellate court to affirm, such a large verdict? The Superfund Law? The Clean Water Act? The Resource Conservation and Recovery Act?

Email Us For a Response

Turn To A Leader In The Area Of Environmental Law

Contact our firm today to schedule a case evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

office location

260 Madison Avenue
15th Floor
New York, NY 10016

Phone: 646-733-4487
Fax: 212-448-0066
Map & Directions

Phone
Fax